2010 Regulatory Update
Jason Keyes, Kevin Fox, Joe Wiedman Keyes & Fox, LLP
IREC Annual Meeting Los Angeles, CA October 11, 2010
IREC’s Regulatory Work • U.S. DOE grant to participate in net metering (NEM)
and interconnection (IC) rulemakings • Third party ownership rules affect NEM & IC, so IREC
participates in those rulemakings too • Typically at state utility commissions • Commissions initiate rulemakings on their own or in
response to state legislation • No advocacy or legislative work • Represented by Keyes & Fox, LLP • Foundation grants for other work
Where We’ve Been
• Introduction to NEM and IC, with grades by state
• Provided to commissioners, commission staff and public
• 2009 edition issued in Nov. • 2010 grading complete • Collaborative effort,
including IREC • www.freeingthegrid.org
Freeing the Grid 2009
Net Metering Key Issues • Facility size cap • Program size cap • Rollover of excess generation • Standby charges and other fees • Applicability (all utilities, all customers) • Meter aggregation • (Community Net Metering)
Net Metering Grades - Freeing the Grid 2010
Net Metering Grades
Interconnection Key Issues • Facility size • Insurance • Differentiation (easier procedures for easier ICs) • Costs (including metering) • Time for review (& on-line processing) • Disconnect switch • Network interconnections • Dispute resolution • Standard form agreements
Interconnection Grades- Freeing the Grid 2010
Interconnection Grades
IREC NEM and IC Resources • At www.irecusa.org, “Publications” tab:
– IREC model NEM and IC rules – Connecting to the Grid Guide
• Freeing the Grid 2010 grading of state NEM and IC procedures, soon to be at: www.newenergychoices.org
• Solar ABCs report comparing leading IC procedures at: www.solarabcs.org/interconnection
Third Party Ownership • Impacts how widely net metering is used • Third party ownership is common for larger commercial
facilities to monetize federal tax credits and depreciation (Treasury grants are a good alternative in 2010)
• Now being applied in residential sector as well • Challenged on the basis that a third party owner would be
a “public utility” prohibited from operating in exclusive service territory of the existing utility
• Where it is unsettled, third party owners don’t participate – severely limiting market potential
Third Party Power Purchase Agreements from www.dsireusa.org/July, 2010
Community Renewables
• Developed Community Renewable Power Proposal to stimulate feedback from stakeholders
• Published articles in relevant industry publications and held a webinar to disseminate findings
• Used feedback to develop Model Program Rules • Assisting with implementation of community renewables
in California, Colorado, Delaware, New York City, and DC
California Issues
• Participated in California alternative fuel vehicle rulemaking to ensure compatibility between solar and plug-in electric vehicle policy
• Participating in California long term procurement planning proceeding to ensure that PV is incorporated into California’s long term resource planning
• Assisting with California wholesale program development for distributed PV systems
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